In re the Intermediate Judicial Settlement of the Third Account of Clark , 38 N.Y.S.2d 1014 ( 1942 )

As thus modified, the decree is unanimously affirmed, with costs to all parties filing briefs, payable out of the estate, and the matter is remitted to the Surrogate’s Court for the entry of a decree accordingly. The evidence fails to establish that the executors were justified in releasing Ernestine M. Smith from her obligations to the estate. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.